Haseeb Raza vs State Of U.P
2015 Latest Caselaw 3118 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 7902 of 2015
 

 
Applicant :- Haseeb Raza
 
Opposite Party :- State Of U.P
 
Counsel for Applicant :- Pawan Kumar Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A and perused the record.

Learned counsel for the applicant submits that the applicant is husband of the deceased. There was no dispute of demand of dowry. The applicant  has not harassed or tortured to the deceased. In postmortem report no injury has been found on the body of the deceased. The cause of death could not be ascertained, therefore the viscera was preserved. In viscera report no poison has been found. In fact, the deceased died a natural death and at the time of the cremation the complainant was present. After 24 days of death of the deceased  the complainant has lodged the false FIR against the applicant and his family members. It has further been submitted that the father-in-law and mother-in-law of the deceased have already been granted bail by the court below. There is no direct evidence against the applicant. False allegation has been made against the applicant.  There is no criminal history of the applicant and is in jail since 8.6.2015.

Per contra, learned A.G.A has opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant  Haseeb Raza involved in Case Crime No. 1521 of 2014, under Sections 498A, 304B, 201 IPC and 3/4 D.P. Act,  P.S. Kotwali Bhinga, District Shrawasti be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

1. The applicant will not tamper with the evidences.

2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.

3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall at liberty to cancel the bail of the applicant.

Order Date :- 13.10.2015

A.